JUDGMENT

B.K. Mukherjea, J. - This appeal is on behalf of the plaintiff and arises out of a suit commenced by him as paricharak and shebait of certain deities for declaration of title to the property in suit and for a permanent injunction restraining the defendants from interfering with the possession of the deities. The original plaintiff whose name was Bhaktaram Roy having died after the institution of the suit, his nephews Panchkari Boy was substituted in his place and is the appellant before me.

2. The facts which are for the most part undisputed may be briefly stated as follows: One Ramdas Mohunt who was admittedly the owner of the property in suit died in February 1915 leaving behind him a will by which he dedicated this property to certain idols named Bankubehari Jew, Salgram Sila and others. His youngest daughter Arunbala was made the shebait and the direction was that Golap Sundari, his widow, would manage the property so long as Arunbala remained an infant. There was no provision in the will as to who would succeed Arunbala as she bait and the only provision was that in case there was misappropriation of the idol's property, five gentlemen would be entitled to remove the sh